Restraining Order Cannon County by kmc16296

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									                                       SPECIAL MASTER

                                 PENDENTE LITE HEARINGS


I.          Authority

            A. Rule 53 T R C P

            B. Local Rule 12.01

II.         Procedures

            A. Order Appointing Special Master

                  1. Without Restraining Order

                  2. With Restraining Order

            B. 12.01 Form

            C. Two-Hour maximum

            D. Continuances

                  1. Notice to Reset

            E. Transcript

                  1. Court Reporter

                  2. Waiver of Filing Transcript

            F. Master’s Report

                  1. Temporary Parenting Plan

                  2. Order Confirming Master’s Report

     III.   Helpful Practice Tips


                                          Prepared by
                              John A. W. Bratcher, Clerk and Master
                               Chancery Court, Rutherford County
                                       October 26, 2006
53.01. Appointment and Compensation. — The court in which any action is pending
may appoint a Special Master therein. The compensation to be allowed to a master
shall be fixed by the court, and shall be charged upon such of the parties or paid out of
any fund or subject matter of the action, which is in the custody and control of the court
as the court may direct. The master shall not retain the report as security for
compensation; but when the party ordered to pay the compensation allowed by the
court does not pay it after notice and within the time prescribed by the court, the master
is entitled to a writ of execution against the delinquent party.


53.02. Powers. — The order of reference to the master may specify or limit the master's
powers and may direct the master to report only upon particular issues or to do or
perform particular acts or to receive and report evidence only, and may fix the time and
place for beginning and closing the hearings and for the filing of the master's report.
Subject to the specifications and limitations stated in the order, the master has and shall
exercise the power to regulate all proceedings in every hearing before him or her and to
do all acts and take all measures necessary or proper for the efficient performance of
the duties under the order. The master may require the production before him or her of
evidence upon all matters embraced in the reference, including the production of all
books, papers, vouchers, documents, and writings applicable thereto. The master may
rule upon the admissibility of evidence unless otherwise directed by the order of
reference and has the authority to put witnesses on oath and may personally examine
them and call the parties to the action and examine them upon oath. When a party so
requests, the master shall make a record of the evidence offered and excluded in the
same manner and subject to the same limitations as provided in Tennessee Rule of
Evidence 103. [As amended by order entered January 26, 1999, effective July 1, 1999.]
53.03. Proceedings. — (1) Meetings. When a reference is made, the clerk shall
forthwith furnish the master with a copy of the order of reference. Upon receipt thereof
unless the order of reference otherwise provides, the master shall forthwith set a time
and place for the first meeting of the parties or their attorneys to be held within twenty
(20) days after the date of the order of reference and shall notify in writing the parties or
their attorneys. It is the duty of the master to proceed with all reasonable diligence.
Either party, on notice to the parties and master, may apply to the court for an order
requiring the master to speed the proceedings and to make a report. If a party fails to
appear at the time and place appointed, the master may proceed ex parte or, in his or
her discretion, may adjourn the proceedings to a future day, giving notice in writing to
the absent party of the adjournment.
  (2) Witnesses. The master or the parties may procure the attendance of witnesses
before the master by the issuance and service of subpoenas as provided in Rule 45. If
without adequate excuse a witness fails to appear or give evidence, the witness may be
punished as for a contempt and be subjected to the consequences, penalties, and
remedies provided in Rules 37 and 45.
  (3) Statement of Accounts. When matters of accounting are in issue before the
master, the master may prescribe the form in which the accounts shall be submitted and
in a proper case may require or receive in evidence a statement by a certified public
accountant who is called as a witness. Upon objection of a party to any of the items thus
submitted or upon a showing that the form of the statement is insufficient, the master
may require a different form of statement to be furnished, or the accounts or specific
items thereof to be proved by oral examination of the accounting parties or upon written
interrogatories or in such other manner as the master directs.


53.04. Report. — (1) Contents and Filing. The master shall prepare a report upon the
matters submitted by the order of reference and, if required to make findings of fact and
conclusions of law, the master shall set them forth in the report. The master shall file the
report with the clerk of the court and, unless otherwise directed by the order of
reference, shall file with it a transcript of the proceedings and of the evidence and the
original exhibits. The clerk shall forthwith mail to all parties notice of the filing.
  (2) In Nonjury Actions. In an action to be tried without a jury the court shall act upon
the report of the master. Within ten (10) days after being served with notice of the filing
of the report, any party may serve written objections thereto upon the other parties.
Application to the court for action upon the report and upon objections thereto shall be
by motion and upon notice as prescribed in Rule 6.04. The court after hearing may
adopt the report or may modify it or may reject it in whole or in part or may receive
further evidence or may recommit it with instructions.
  (3) In Jury Actions. In an action to be tried by a jury the master may or may not be
directed to report the evidence. The master findings upon the issues submitted to him
are admissible as evidence of the matters found and may be read to the jury, subject to
the ruling of the court upon any objections in point of law which may be made to the
report. The parties may submit additional proof and may cross-examine the master
upon his or her findings.
  (4) Stipulation as to Findings. The effect of a master's report is the same whether
or not the parties have consented to the reference; but, when the parties stipulate that a
master's findings of fact shall be final, only questions of law arising upon the report shall
thereafter be considered.
  (5) Draft Report. Before filing a report a master may submit a draft thereof to counsel
for all parties for the purpose of receiving their suggestions.


53.05. Application to References to Clerks and Masters. — The procedures outlined
in this rule shall apply to Clerks and Masters of the Chancery Courts as well as to
Special Masters appointed pursuant to Rule 53.01.
                                       RULE 12.

     DIVORCE, PENDENTE LITE HEARINGS, AND POST- DIVORCE MATTERS

12.01 PENDENTE LITE HEARINGS

      (A) When a divorce action is filed and Pendente Lite hearings are sought,
counsel initially shall endeavor to utilize their best efforts to resolve issues pending a
final hearing. When such is not possible, counsel shall file with the Court a motion
requesting the Court to conduct a Pendente Lite hearing. Where it appears a hearing is
necessary, the Court will appoint a Special Master for the purpose of conducting the
Pendente Lite hearing, or, at the option of the Court, the Court may schedule the
hearing without appointing a Special Master. When Pendente Lite hearings are
scheduled, counsel shall endeavor to present his or her entire case within two hours or
less, such that each side will be allowed a maximum of sixty minutes for opening,
presentation of witnesses, cross-examination of adverse witnesses, and closing
arguments. As stated below, counsel shall present written statements in accordance
with Appendix D to these Rules.
      (B) Appeals from the decision of the Master will be conducted upon the record of
the testimony presented before the Special Master and upon arguments of counsel.
  IN THE CHANCERY COURT FOR RUTHERFORD COUNTY, TENNESSEE

                             AT MURFREESBORO

______________________________,

                    PLAINTIFF,

VS.                                            CASE NO. ______________

______________________________,

                    DEFENDANT.

                   ORDER APPOINTING SPECIAL MASTER


         This cause came on to be considered by the Court, sua sponte, upon

consideration of the fact that a party in this cause has sought an interim order

and upon consideration of the Court if the needs of the parties for an early

hearing and recognizing the congested docket of the Court, and it appearing

proper

         IT IS HEREBY ORDERED that reference is hereby made to the

Honorable JOHN A. W. BRATCHER, Clerk and Master for Rutherford County, a

member of the Rutherford/Cannon County Bar Association, and Mr. Bratcher is

hereby appointed Special Master in accordance with the provisions of Rule 53 of

the Tennessee Rules of Civil Procedure.       The Special Master shall hear all

interim issues previously filed in this cause to a conclusion and shall render his

report as provided in Rule 53.04.    In matters involving children, the Clerk and

Master shall issue a temporary parenting plan pursuant to T. C. A. §36-6-403,

which plan shall be effective from the date of the hearing as an order of the

Court. Objections to the Report of the Special Master may be made to the Court
on the record upon argument of counsel for the parties on any motion day in

accordance with the Local Rules for the Sixteenth Judicial District. Hearings in

this cause shall be set for ______________________________________.

      ENTER this the ______ day of __________________, 20__.




                                              CHANCELLOR/JUDGE




                         CERTIFICATE OF SERVICE

    I hereby swear or affirm that a true and exact copy of the foregoing
ORDER APPOINTING SPECIAL MASTER has been mailed to the following:



      This the ______ day of _______________________, 20___.




                                              DEPUTY CLERK AND MASTER
  IN THE CHANCERY COURT FOR RUTHERFORD COUNTY, TENNESSEE

                             AT MURFREESBORO

______________________________,

                    PLAINTIFF,

VS.                                            CASE NO. ______________

______________________________,

                    DEFENDANT.

                   ORDER APPOINTING SPECIAL MASTER

         This cause came on to be considered by the Court, sua sponte, upon

consideration of the fact that a party in this cause has sought an interim order

and upon consideration of the Court if the needs of the parties for an early

hearing and recognizing the congested docket of the Court, and it appearing

proper

         IT IS HEREBY ORDERED that reference is hereby made to the

Honorable JOHN A. W. BRATCHER, Clerk and Master for Rutherford County, a

member of the Rutherford/Cannon County Bar Association, and Mr. Bratcher is

hereby appointed Special Master in accordance with the provisions of Rule 53 of

the Tennessee Rules of Civil Procedure.       The Special Master shall hear all

interim issues previously filed in this cause to a conclusion and shall render his

report as provided in Rule 53.04. The Special Master is specifically directed

NOT to file a transcript of the proceedings. In matters involving children, the

Clerk and Master shall issue a temporary parenting plan pursuant to T. C. A.

§36-6-403, which plan shall be effective from the date of the hearing as an order
of the Court. Objections to the Report of the Special Master may be made to the

Court on the record upon argument of counsel for the parties on any motion day

in accordance with the Local Rules for the Sixteenth Judicial District. Hearings in

this cause shall be set for ______________________________________.

      ENTER this the ______ day of __________________, 20__.




                                                CHANCELLOR/JUDGE




                          CERTIFICATE OF SERVICE

    I hereby swear or affirm that a true and exact copy of the foregoing
ORDER APPOINTING SPECIAL MASTER has been mailed to the following:



      This the ______ day of _______________________, 20___.




                                                DEPUTY CLERK AND MASTER
  IN THE CHANCERY COURT FOR RUTHERFORD COUNTY, TENNESSEE

                             AT MURFREESBORO

______________________________,

                    PLAINTIFF,

VS.                                            CASE NO. ______________

______________________________,

                    DEFENDANT.

                   ORDER APPOINTING SPECIAL MASTER

         This cause came on to be considered by the Court, sua sponte, upon

consideration of the fact that a party in this cause has sought an interim order

and upon consideration of the Court if the needs of the parties for an early

hearing and recognizing the congested docket of the Court, and it appearing

proper

         IT IS HEREBY ORDERED that reference is hereby made to the

Honorable JOHN A. W. BRATCHER, Clerk and Master for Rutherford County, a

member of the Rutherford/Cannon County Bar Association, and Mr. Bratcher is

hereby appointed Special Master in accordance with the provisions of Rule 53 of

the Tennessee Rules of Civil Procedure.       The Special Master shall hear all

interim issues previously filed in this cause to a conclusion and shall render his

report as provided in Rule 53.04.    In matters involving children, the Clerk and

Master shall issue a temporary parenting plan pursuant to T. C. A. §36-6-403,

which plan shall be effective from the date of the hearing as an Order of the

Court. The Temporary Restraining Order previously issued in this matter
shall remain in effect pending further orders of this Court. Objections to the

Report of the Special Master may be made to the Court on the record upon

argument of counsel for the parties on any motion day in accordance with the

Local Rules for the Sixteenth Judicial District. Hearings in this cause shall be set

for ______________________________________.

      ENTER this the ______ day of __________________, 20___.




                                                CHANCELLOR/JUDGE




                          CERTIFICATE OF SERVICE

    I hereby swear or affirm that a true and exact copy of the foregoing
ORDER APPOINTING SPECIAL MASTER has been mailed to the following:




      This the ______ day of _______________________, 20___.




                                                DEPUTY CLERK AND MASTER
  IN THE CHANCERY COURT FOR RUTHERFORD COUNTY, TENNESSEE

                             AT MURFREESBORO

______________________________,

                    PLAINTIFF,

VS.                                            CASE NO. ______________

______________________________,

                    DEFENDANT.

                   ORDER APPOINTING SPECIAL MASTER

         This cause came on to be considered by the Court, sua sponte, upon

consideration of the fact that a party in this cause has sought an interim order

and upon consideration of the Court if the needs of the parties for an early

hearing and recognizing the congested docket of the Court, and it appearing

proper

         IT IS HEREBY ORDERED that reference is hereby made to the

Honorable JOHN A. W. BRATCHER, Clerk and Master for Rutherford County, a

member of the Rutherford/Cannon County Bar Association, and Mr. Bratcher is

hereby appointed Special Master in accordance with the provisions of Rule 53 of

the Tennessee Rules of Civil Procedure.       The Special Master shall hear all

interim issues previously filed in this cause to a conclusion and shall render his

report as provided in Rule 53.04. The Special Master is specifically directed

NOT to file a transcript of the proceedings. In matters involving children, the

Clerk and Master shall issue a temporary parenting plan pursuant to T. C. A.

§36-6-403, which plan shall be effective from the date of the hearing as an Order
of the Court. The Temporary Restraining Order previously issued in this

matter shall remain in effect pending further orders of this Court.

Objections to the Report of the Special Master may be made to the Court on the

record upon argument of counsel for the parties on any motion day in

accordance with the Local Rules for the Sixteenth Judicial District. Hearings in

this cause shall be set for ______________________________________.

      ENTER this the ______ day of __________________, 20___.




                                              CHANCELLOR/JUDGE




                         CERTIFICATE OF SERVICE

    I hereby swear or affirm that a true and exact copy of the foregoing
ORDER APPOINTING SPECIAL MASTER has been mailed to the following:




      This the ______ day of _______________________, 20___.




                                              DEPUTY CLERK AND MASTER
      IN THE ____________________ COURT FOR _______________ COUNTY, TENNESSEE

                                AT _____________________________


______________________________________
     PLAINTIFF,

vs.                                                    CASE NO. ________________________

______________________________________
     DEFENDANT.



                         STATEMENT IN COMPLIANCE WITH RULE 12.01


       Comes, now (Name of Party), the (Plaintiff/Defendant), who would show to the Court as
follows:

       1. He/she is employed at _________________________________________________

located at __________________________________________________________________.

His/her weekly gross income is $__________ and his/her net income per week is $_________.

If wages are paid hourly, the hourly wage is $______________ per hour. Sources of additional

income: ____________________________________________________________________.

       1a. His/her spouse is employed at _________________________________________

located at _________________________________________________________________.

The spouse has weekly gross income of $________________ and net income per week of

$___________. If wages are paid hourly, the hourly wage is $_____________ per hour.

Sources of additional income:_____________________________________________

       2. He/she owns the following interests in real property:

Interest   Acreage   Location    Improvements      Fair Market Value   Amount of Secured Debt

______________________________________________________________________________

______________________________________________________________________________
______________________________________________________________________________

       3. He/she owns the following interest in personal property:
              a. Motor vehicles: Number owned ___________

Year    Make/Model            Market Value         Total of Liens             Lienholder

______________________________________________________________________________

______________________________________________________________________________.

             b. Household Furnishings:

Fair Market Value           Lienholders         Balance Owed               Monthly Payments

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________..

______________________________________________________________________________

______________________________________________________________________________

             c.      Bank Accounts:

Bank                        Balance                                  Type of Account

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________
             d.     Stocks, Bonds & Other Intangibles:

Shares               Company                                         Total Value

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

             e.     Other property of significant value, e.g., riding mower, tools, equipment,

insurance, boat, motorcycle, retirement plans:

Item         Fair Market Value           Lienholder           Balance              Payments

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________.


             f.     Personal items owned by the spouse other than as listed above:

Item   Fair Market Value          Lienholder                  Balance              Payments

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________.

______________________________________________________________________________

______________________________________________________________________________
       4.    He/she owes the following debts:

Creditor           Balance Owed                 Monthly Payments                 Security

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

_______________________________________________________________________________.

       4a.   The spouse owes the following debts:

Creditor          Balance Owed                  Monthly Payments                 Security

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________.

       5.    He/she submits the following as an estimate of the necessary weekly or monthly

             expenses, as indicated, for support of him/herself (and children where applicable):

ITEM                                             WEEKLY EXPENSE MONTHLY EXPENSE

Rent/House Payment                               $                      $
Utilities (gas, electricity, water)              $                      $
Telephone                                        $                      $
School Lunches (Child(ren))                      $                      $
Work Lunches                                     $                      $
Automobile Payments                              $                      $
Tranportation to & from work                     $                      $
Clothing Replacement (self)                      $                      $
Clothing Replacement (Child(ren))                $                      $
Laundry & Dry Cleaning                           $                      $
Child Care While Working                         $                      $
Haircuts and Beauty Shop                         $                      $
Insurance                                        $                       $
Medical & Dental Expense                         $                       $
Drug & Medicines                                 $                       $
Furniture Payments                               $                       $
Cigarettes                                       $                       $
Groceries                                        $                       $
Miscellaneous Expenses                           $                       $

TOTAL EXPENSES                                   $                       $


      Under penalty of perjury, I make oath that the information set forth above is true and correct to

the best of my knowledge.

      This the ______ day of _______________________________, ________________.

                                        __________________________________________
                                        Plaintiff/Defendant
STATE OF TENNESSEE

COUNTY OF ________________________________

Subscribed and sworn before me on this the ________ day of _____________________, ______.

________________________________________
NOTARY PUBLIC

My commission expires: ____________________




                                    CERTIFICATE OF SERVICE

     I hereby certify that a true and accurate copy of the foregoing has been furnished
to__________________________________________________, (attorney for the

Plaintiff/Defendant) by first class mail on this the _______ day of ___________________________,


                                        __________________________________________
  IN THE _______________ COURT FOR RUTHERFORD COUNTY, TENNESSEE

                             AT MURFREESBORO



__________________________________,

      Plaintiff,

VS.                                 CASE NO. _________________________

__________________________________,

      Defendant.

                   NOTICE TO RESET PENDENTE LITE HEARING

      Take notice that the pendente lite hearing in the above-styled cause has

been re-scheduled to be heard at ________ a.m./p.m. on the ______ day of

_______________________, ________, before the Honorable John A. W. Bratcher,

Special Master, in Room _________ in the Rutherford County Judicial Building, 20

Public Square North, Murfreesboro, Tennessee 37130.

      This the ________ day of ____________________________, __________.




                                                  ATTORNEY


                          CERTIFICATE OF SERVICE

      I hereby certify that a copy of the foregoing NOTICE TO RESET PENDENTE
LITE HEARING has been mailed to
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
on this the ______ day of ________________________, __________.



                                                 ATTORNEY
 IN THE __________________COURT FOR RUTHERFORD COUNTY, TENNESSEE

                                  AT MURFREESBORO




______________________________

       Plaintiff,

                                   v.                    Case No.___________________


______________________________

       Defendant.

                          WAIVER OF FILING A TRANSCRIPT



       I, ____________________________, attorney for

____________________________ do hereby waive the necessity of the Special Master

filing a transcript in this matter. I understand that I may provide a court reporter at my

own expense.

________________________________

Attorney for ______________________



I, ____________________________, attorney for ____________________________

do hereby waive the necessity of the Special Master filing a transcript in this matter. I

understand that I may provide a court reporter at my own expense.

________________________________

Attorney for ______________________
 IN THE                             COURT OF                                COUNTY TENNESSEE

                                             )
_______________________                      )
Mother/Father                                )
                                             )                Docket No. ______________
v.                                           )
                                             )       [ ] Proposed Plan by [ ] Mother [ ] Father
_______________________                      )              OR
Father/Mother                                )       [ ] Agreed Plan


                                TEMPORARY PARENTING PLAN


This plan was [ ] presented to [ ] ordered by the Court on ______________________, 20_____.

This parenting plan applies to the following children:
Name                                                                Birthdate




RESIDENTIAL SHARING SCHEDULE: The [ ] mother [ ] father shall be responsible for the
child(ren), except for the following days and times when the other parent shall be responsible for the
child(ren):
       From:                                                  to
                      (Day/Tim e)                                   (Day/Tim e)

       [ ] every week [ ] every other week       [ ] other
       and from:                                              to
                      (Day/Tim e)                                   (Day/Tim e)

       [ ] every week [ ] every other week        [ ]other:


DAY TO DAY DECISIONS: Each parent shall make decisions regarding the day-to-day care and
control of each child while the child is residing with that parent. The parents shall otherwise confer
with each other.
HOLIDAY and VACATION SCHEDULE DURING THE NEXT THREE MONTHS




TRANSPORTATION ARRANGEMENTS: Transportation arrangements for the child[ren], other than
costs, between parents shall be as follows:




STANDARD PARENTING ORDERS: Pursuant to Tennessee Code Annotated, section 36-6-101(a)
both parents are entitled to the following rights:
1.     To unimpeded telephone conversations with the child at least twice each week at reasonable
       times and for a reasonable duration;
2.     To send mail to the child which the other parent shall not open and will not censor;
3.     To receive notice and relevant information as soon as practical (but within 24 hours) in the event
       of hospitalization, major illness, or death of the child;
4.     To receive directly from the school, upon written request, which includes a current mailing
       address and upon payment of reasonable costs of duplicating, copies of the child=s report cards,
       attendance records, names of teachers, class schedules, standardized test scores, and any other
       records customarily made available to parents;
5.     Unless otherwise provided by law, the right to receive copies of the child’s medical, health or
       other treatment records directly from the physician or health care provider who provided such
       treatment or health care upon written request which contains a current mailing address and upon
       payment of reasonable costs of duplication; provided, that no person who receives the mailing
       address of a parent as a result of this requirement shall provide such address to the other parent
       or a third person;
6.     To be free of derogatory remarks made about such parent or such parent’s family by the other
       parent to or in the presence of the child;
7.     To be given at least forty-eight (48) hours notice, whenever possible, of all extra curricular
        activities, and the opportunity to participate or observe, including, but not limited to, the
        following:
        (I)     School activities;
        (ii)    Athletic activities;
        (iii)   Church activities; and
        (iv)    Other activities as to which parental participation or observation would be appropriate;
8.      To receive from the other parent, in the event the other parent leaves the state with the minor
        child or children for more than two (2) days, an itinerary including telephone numbers for use in
        the event of an emergency; and
9.      Access and participation in education, including the right of access to the minor child or children
        for lunch and other activities, on the same basis that is provided to all parents, provided the
        participation or access is reasonable and does not interfere with day-to-day operations or with
        the child’s educational performance.


SUPPORT OF CHILDREN:
Father’s gross monthly income is $ _______
Mother’s gross monthly income is $ ________
        1. The temporary child support order is as follows:
        a. The 9 mother 9 father shall pay to the other parent as regular child
        support the sum of $_____________ 9 weekly 9 monthly 9 twice per month
        9 every two weeks. The Child Support Worksheet shall be attached to this Order as an
        Exhibit.*
        If this is a deviation from the Child Support Guidelines, explain why:
        _________________________________________________________________
     3. Payments shall begin on the _____ day of _____________, 20___.


*Child Support Worksheet can be found on DHS website at
http://www.state.tn.us/humanserv/is/incomeshares.htm or at your local child support offices.
This support shall be paid:

9 directly to the other parent.

9 to the Central Child Support Receipting Unit, P. O. Box 305200, Nashville, Tennessee 37229, and
     sent to the other parent at:_____________________________________.
9 by direct deposit to the other parent at ____________________________ Bank for deposit in account
     no. ________________. A Wage Assignment Order is attached to this Parenting Plan.
9 other:________________________________________________________________.
The parents acknowledge that court approval must be obtained before child support can be reduced or
modified.


HEALTH, DENTAL AND LIFE INSURANCE and UNCOVERED EXPENSES: These policies shall
remain in effect during the duration of the divorce proceedings. The beneficiaries shall name the spouse
and or child[ren] as beneficiaries of the policies. All uncovered medical, dental and _______________
_____________________________________________________ costs will be split between the parties.


MISCELLANEOUS: If a parent fails to comply with a provision of this plan or support order, the other
parent’s obligations under the plan or the support order are not affected. Failure to comply with a
provision in the plan or support order may result in a finding of contempt.
                                               * * * * *
Under penalty of perjury under the laws of the State of Tennessee, I declare this plan has been proposed
in good faith and is in the best interest of the child(ren) and that the statements herein are true and
correct.
[ ] Submitted by:
OR
[ ] Agreed to by:

[ ]Mother [ ] Mother’s Attorney                   Date and Place of Signature


[ ]Father [ ] Father’s Attorney                   Date and Place of Signature
It is so ORDERED this the ________ day of ____________, ______.



                                                        Judge or Chancellor
IN THE ________________ COURT FOR __________ COUNTY, TENNESSEE



_______________________________________,

       PLAINTIFF,

vs.                                                            CASE NO. ____________

_______________________________________,

       DEFENDANT.


                                   MASTER’S REPORT

                  FINDINGS OF FACT AND CONCLUSIONS OF LAW

       This cause came on to be heard on the ______________ day of

____________________, 200___, before the Honorable John A. W. Bratcher, Special

Master, upon the Petition for relief pendente lite, and upon the testimony of the parties

and witnesses, and the entire file in this cause, from all of which the following findings of

fact and conclusions of law are entered:

       1. That the (Petitioner)(Respondent), should have primary temporary custody of

the parties’ minor children, _________________________, age ______; and

_____________________________________, age _____;

       2. That the (Petitioner) (Respondent), ____________________________, should

pay $________________per (week) (month) temporarily for the reasonable support of

the minor children, commencing on ____________ _______, 20_____;

       3. That payments of support for the minor children shall be made by the

(Petitioner) (Respondent) (directly by) (check) (money order) (direct deposit) (through

the Central Receiving Agency) to the (Petitioner) (Respondent);

       4. That the (Petitioner) (Respondent), shall have sole possession of the parties’

marital home pending the final resolution of this cause;
       5. That the (Petitioner) (Respondent) should have co-parenting time with the

minor and visitation with the children from____________________________________

to_________________________________ each _________________, beginning the

__________day of __________________________, 20______. Such co-parenting time

shall take place at ______________________________________________________;

       6. Further the [Petitioner] shall be responsible for the payment of the following

bills pending further hearings:______________________________________________

______________________________________________________________________

_______. The (Respondent) shall be responsible for the payment of the following bills

pending further hearings: _________________________________________________

_____________________________________________________________________;

       7. The (Petitioner) (Respondent) further shall pay to the (Respondent)

(Petitioner) the sum of $______ as temporary spousal support pending further hearings

in this cause, which payments will be made (directly) (by direct deposit) beginning on

the _____ day of ________, 20____;

       8. The parties have ten (10) days from receiving this Report to file an objection

thereto, pursuant to Rule 53 of the Tennessee Rules of Civil Procedure. Absent the

filing of objection within the time allowed by law, this Report will be affirmed.

Appeal will be heard on the record and argument of counsel only.

       Entered this the ________ day of _______________________, 20___________.



                                           ____________________________________

                                           JOHN A. W. BRATCHER
                                           SPECIAL MASTER
                             CERTIFICATE OF SERVICE

      I hereby affirm that a true and exact copy of the foregoing MASTER’S REPORT

has been mailed to the following:



      (NAMES AND ADDRESSES OF BOTH ATTORNEYS OR PARTIES TO WHOM
      THIS MASTER’S REPORT WILL BE MAILED)




      This the _________ day of ________________________________, 20____.



                                     ____________________________________
                                     DEPUTY CLERK
      IN THE ___________ COURT FOR RUTHERFORD COUNTY, TENNESSEE

                                AT MURFREESBORO


_______________________________________,

             PLAINTIFF,

VS.                                            CASE NO. _________________

_______________________________________,

             DEFENDANT.




                     ORDER APPROVING MASTER’S REPORT

       This cause came on to be considered upon the Report of the Special Master, the

Court finding the ten (10) days has expired since the entry of the Master’s Report, and

noting that no objection thereto has been filed, and it appearing to the Court that the

Report is proper in all respects, and should be confirmed

       IT IS, THEREFORE, ORDERED that the Report of the Special Master is hereby

adopted as the Order of the Court. Court costs and further matters are reserved.

       Enter this the _____ day of _______ 20__.


                                               ________________________________
                                               HONORABLE
                                CERTIFICATE OF SERVICE

      I hereby swear or affirm that a true and exact copy of the foregoing ORDER has

been mailed to the following:


(NAMES AND ADDRESSES OF BOTH ATTORNEY’S OR PARTIES TO WHOM THIS
MASTER’S REPORT WILL BE MAILED)




On this the _____ day of _________________ 20__.




                                        DEPUTY CLERK AND MASTER
           HELPFUL PRACTICE TIPS TO LAWYERS REGARDING SPECIAL MASTER’S
                                     HEARINGS

1. SETTLE THE CASE IF YOU CAN.
2. As a matter of good practice and courtesy inform the Clerk and Master’s Office (even if it is a Circuit Court
   Case) when you settle or continue a case before the morning of your hearing.
3. Be sure that the Order Appointing Special Master is lodged, signed, and entered.
4. Be sure that you have decided whether to have a court reporter or to proceed without one. If you proceed
   without a court reporter, be sure to that you have the Waiver of Filing a Transcript filed or ready to file when
   your case is called.
5. Have answer and counter-claim filed.
6. Have 12.01 from completed and filed. If you cannot comply with the two-day rule, have it with you when you
   come to court.
7. Don’t bring the whole dog and pony show to the pendente lite hearing. The Special Master will limit you to
   hours and your two best witnesses.
8. Get to the point in your direct and cross-examination. Don’t waste your time.
9. Get your Special Master’s Report done and in within five days. Do not worry about getting the other sides
   approval. You are the one who will look bad if the other side sits on it.
10. If your Special Master’s Report is not lodged, signed and filed, you will not have a comprehensive order upon
   which to file contempt or modification motions.
11. Be sure to include the Special Master’s Finding of Facts in the Special Master’s Report. This will help you if
   there is an objection.
12. If you agree to continue a case, then file an agreed Notice to Reset.
13. If the Special Master at the request of either party continues a case, then the party who asked for the
   continuance should file a Notice to Reset and send a copy with a certificate of service to the other side.
14. Notify the Docketing Clerk in Room 302, immediately when a matter is re-set in Court.
15. Docketing Clerk – Raechelle Wilson – direct line 615-217-0063.
16. Clerk and Master, John A. W. Bratcher hears all pre-divorce matters, with the exception of contempt matters
   requesting incarceration.
17. Only the attorney who sets a hearing may remove it from the docket.
18. Submit an Order Approving Master’s Report with the Master’s Report.
19. Lodge the Order Appointing Special Master simultaneously when filing the case, if a Pendente Lite Hearing
   will be scheduled.
20. Filling fee for Counter-claim is $100.00.
21. If there are children involved, bring a blank Temporary Parenting Plan with you. The Temporary Parenting
Plan will be signed and entered that day.

								
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